Simple and Aggravated Assault Laws in New Jersey

New Jersey's assault crimes start as petty disorderly person offenses but become indictable crimes as the level or threat of harm increases. The law also provides greater protections to certain employees engaged in their duties. Read on to learn what acts constitute simple versus aggravated assault and how these acts are punished in New Jersey.

Understanding New Jersey's Assault Laws and Definitions

A person commits an assault in New Jersey by causing bodily injuries to another or placing another in fear of imminent serious bodily injury. The law divides these crimes into simple and aggravated assaults depending on the seriousness of the injuries, whether a deadly weapon or firearm was used, and who the victim was.

Here are some definitions that will aid in distinguishing whether the crime is a simple assault or aggravated assault. For bodily injuries, it will often be up to the jury to decide what rises to the level of significant or serious bodily harm.

Bodily injuries can be any physical pain or impairment of a physical condition, such as the stinging sensation of a slap, pain from a kick or punch, or bruises or scratches.

Significant bodily injury means bodily injury that creates a temporary loss of a bodily function, organ, or one of the five senses. Examples might include an eye swollen shut, a badly sprained wrist, a broken nose, or extensive stitches for a laceration.

Serious bodily injuries are injuries that create a substantial risk of death or cause serious, permanent disfigurement, or protracted loss or impairment of a bodily function or member. These injuries might arise from gunshots, stab wounds, or severe beatings that result in life-threatening blood loss, loss of an eye or other body part, paralysis, or other extensive and severe injuries.

Deadly weapons can include firearms and any other weapon, device, or substance that can be used to produce death or serious bodily injury. Common examples include knives, brass knuckles, and batons, but deadly weapons can also include a wood board, a bat, caustic substances, a stiletto heel, or a steel-toed boot when used to cause bodily harm.

(N.J. Stat. § 2C:11-1 (2024).)

What Is Simple Assault in New Jersey?

A person commits simple assault in New Jersey by:

• attempting to cause or purposely, knowingly, or recklessly causing another bodily injury
• negligently causing bodily injury to another with a deadly weapon, or
• attempting to put another in fear of imminent serious bodily injury.

The terms "purposely" and "knowingly" mean that the defendant wanted to cause the injuries or were aware their actions would result in injuries. "Recklessly" refers to someone who consciously disregards the substantial risk that injuries will occur (for instance, shooting a gun into the air over a crowd would be reckless behavior). "Negligence" means the person should have been aware but failed to realize their actions would cause injuries (for instance, throwing a brick close to someone and hitting them without meaning to).

What Are the Penalties for Simple Assault in New Jersey?

Simple assault is considered a disorderly persons offense, punishable by up to six months in jail and a $1,000 fine. If the assault results from a mutual scuffle or fight, the crime is a petty disorderly persons offense and carries up to 30 days of jail time and a $500 fine.

Increased Penalties for Simple Assault Against Protected Employees

If a defendant assaults any of the following persons while they are engaged in their professional duties, a simple assault becomes an indictable offense:

• law enforcement officers, firefighters, emergency medical personnel, or health care workers
• a teacher, school board member, school administrator or employee, or school bus driver,
• a judge or corrections officer or employee
• an employee of a child protection agency
• a transit operator, or
• a cable or utilities worker.

These offenses (technically aggravated assault) are crimes of the fourth degree, except if bodily injury results, it's a third-degree crime. A defendant convicted of a crime of the fourth degree faces up to 18 months in prison and a $10,000 fine. A third-degree crime can mean 3 to 5 years of prison time and a $15,000 fine.

Increased Penalties for Simple Assault Against Protected Victims

Simple assault penalties also increase to crimes of the fourth degree when committed in the presence of a child younger than 16 at a school or community-sponsored youth event. The same penalty applies if a health care employee commits simple assault on an institutionalized elderly person.

(N.J. Stat. §§ 2C:12-1, 2C:43-3, 2C:43-6, 2C:43-8 (2024).)

What Is Aggravated Assault in New Jersey?

Aggravated assault crimes in New Jersey typically involve protected victims (those listed above), increased levels of harm (significant and serious bodily injuries), and deadly weapons. For instance, pointing a gun at someone is considered aggravated assault, as is causing serious bodily injuries to another. Strangulation is another form of aggravated assault.

What Are the Penalties for Aggravated Assault in New Jersey?

Aggravated assaults are indictable offenses with penalties ranging from a crime of the fourth degree to a crime of the second degree. Below we break down these offenses by their penalties.

Aggravated Assault: Crime of the Fourth Degree

A person commits a crime of the fourth degree when an assault involves:

• recklessly causing bodily injury to another with a deadly weapon, or
• pointing a firearm (loaded or unloaded) at someone under circumstances showing extreme indifference to human life.

Crimes of the fourth degree carry up to 18 months of possible prison time and a $10,000 fine.

Aggravated Assault: Crime of the Third Degree

A person commits a crime of the third degree when an assault involves:

• attempting to cause or purposely or knowingly causing bodily injury to another with a deadly weapon
• attempting to cause or purposely or knowingly causing another significant bodily injury
• recklessly causing another significant bodily injury under circumstances showing extreme indifference to human life
• knowingly or purposely causing an explosion or fire that results in bodily injury and necessitates an emergency response, or
• knowingly pointing or displaying a firearm at a law enforcement officer under circumstances showing extreme indifference to human life.

Crimes of the third degree carry 3 to 5 years in prison and up to a $15,000 fine.

Aggravated Assault: Crime of the Second Degree

The harshest aggravated assault penalties apply to the following acts:

• attempting to cause another serious bodily injury
• causing another serious bodily injury purposely, knowingly, or recklessly under circumstances showing extreme indifference to human life
• causing bodily injury to another while fleeing or attempting to flee police
• knowingly or purposely causing an explosion or fire that results in significant or serious bodily injury and necessitates an emergency response, or
• knowingly or recklessly obstructing the breathing or blood circulation of a current or former spouse, household member or dating partner, or someone with whom the person shares a child.

Crimes of the second degree carry 5 to 10 years of prison time and up to a $150,000 fine.

(N.J. Stat. §§ 2C:12-1; 2C:43-3, 2C:43-6 (2024).)

What Is Assault by Auto in New Jersey?

New Jersey has a crime called "assault by auto" that pertains to acts of reckless driving, drunk driving, and road rage (aggressive driving) that result in injuries. The penalties vary depending on the act involved and the resulting injuries. For instance, road rage or aggressive driving that results in serious bodily injuries is a crime of the third degree. It's a crime of the fourth degree if bodily injury results. Driving in violation of school crossing laws that results in serious bodily injuries is a crime of the second degree. These indictable offenses can mean years of prison time.

(N.J. Stat. §§ 2C:12-1, 2C:43-3, 2C:43-6 (2024).)

Defenses to Assault Charges in New Jersey

Available defenses to assault charges depend on the circumstances of the offense. A defense attorney might raise an affirmative defense or try to poke holes in the prosecutor's case. If a prosecutor cannot prove all the elements of a crime beyond a reasonable doubt, the judge or jury must acquit.

Actual Innocence

Defendants charged with simple or aggravated assault have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur." It's possible that the police got the wrong person or the victim or an eyewitness incorrectly identified the defendant as the culprit. In these cases, a defendant might need to present an alibi or other witnesses to testify that someone else committed the crime or try to discredit the eyewitness's testimony.

Self-Defense

A common defense in assault crimes is self-defense. For instance, the defendant might argue that the alleged victim attacked or threatened to attack the defendant first.

Lack of Intent

Most assault crimes require the prosecutor to prove the defendant acted purposely, knowingly, or recklessly. If the prosecutor doesn't establish the defendant acted purposely or otherwise to cause the intended harm, the charges might be dismissed or reduced.

Level of Harm

New Jersey's assault crimes vary in seriousness depending on the resulting harm. A defense attorney might argue that a victim's resulting injuries don't rise to the level of significant or serious bodily injuries. If successful, this argument could result in reduced penalties.

Talk to a Lawyer

If you face assault charges in New Jersey, consult a criminal defense attorney. An assault conviction can mean jail or prison time and lead to stiffer penalties for future crimes. Having a record of assault can also harm your ability to get a job or housing.